[Adopted 12-4-2006 by L.L. No. 4-2006]
This article provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction
Code (the Energy Code) in this Town. This article is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law or other
section of this article, all buildings, structures and premises, regardless
of use or occupancy, are subject to the provisions this article.
In this article:
BUILDING PERMIT
A permit issued pursuant to §
92-4 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time
to time.
OPERATING PERMIT
A permit issued pursuant to §
92-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes an individual, corporation, limited-liability company,
partnership, limited partnership, business trust, estate, trust, association
or any other legal or commercial entity of any kind or description.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time
to time.
The chief of any fire department providing fire-fighting services
for a property within this Town shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe buildings, structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter
93 of the Code of the Town of Athens as now in effect or as hereafter amended from time to time.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this article
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Code Enforcement Officer may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection.
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
92-15 (Compliance orders; appearance tickets; penalties for offenses) of this article.
C. If appropriate, issuing a stop-work order.
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A fee schedule shall be established by resolution of the Town
Board of this Town. Such fee schedule may thereafter be amended from
time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, firesafety and property maintenance inspections
and other actions of the Code Enforcement Officer described in or
contemplated by this article.
The Town Board of this Town may, by resolution, authorize the
Supervisor of this Town to enter into an agreement, in the name of
this Town, with other governments to carry out the terms of this article,
provided that such agreement does not violate any provision of the
Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR
or any other applicable law.